State Administrative Judge John Van Laningham has ruled in favor of the Town of Fort Myers Beach regarding the removal of temporary structures after FEMA demanded the town start getting these structures out of the flood zone.
Patricia Smith was issued a Temporary Use Permit back on June 5, 2024 to operate a bike rental business at 81 Miramar Street. The permit had an expiration date of September of 2025.
Before Hurricane Ian trailers were not permitted on Fort Myers Beach. As a way to help businesses get back on their feet, the Town Council changed the rules to allow trailers. Business trailer permits were issued for 180 days before they needed to be renewed.
In July of 2024 FEMA started coming down on Fort Myers Beach, letting the town know these types of temporary use permits should never have been allowed and they needed to go immediately. It didn’t matter that season was starting. It didn’t matter hurricane season was ending. It didn’t matter businesses had suffered 2 years of severe financial losses. It was time the town started getting these structures, which could include trailers or storage boxes, anything that could do damage to life or property if another storm came through, off the island. If the town did not come into compliance they were risking not only losing the 25% flood insurance discount, there were threats they could be kicked out of the program completely (which means no big black trucks for debris removal when the next big storm hits).
On October 2, 2024 the town issued Smith a Notice of Violation stating the “sheds failed to meet the required Base Flood Elevation of 13 feet for structures in a Special Flood Hazard Area. Their lack of proper anchoring and flood openings significantly increased risks during flood events. These risks include structural displacement that could damage neighboring properties, obstruction of evacuation routes, and hazardous debris in floodwaters that compromise public safety.”
Then, on December 16th the Town Council passed a resolution revoking all Temporary Use Permits and had started to issue code violations to anyone who housed a structure FEMA wanted gone. An out of town magistrate was hired to hear the code cases and Quicky Bike Rental was one of the first businesses to appear before the judge on January 7th. The town of Fort Myers Beach was now pitted against the businesses it was trying to help.
After hearing the case, it took Judge Van Laningham only 3 days to rule in the town’s favor. Smith has until March 1st to remove the trailers or face a daily fine of $250. Smith can appeal the ruling to the Circuit Court of Lee County no later than February 10th. A status report will be given at the March 4th DOAH hearing. If Smith has not removed the trailers by the status hearing the town has been given permission by the judge to remove them and charge Smith the expenses to do the work. Smith must also pay $250 in court costs.
In his ruling, Van Laningham said he recognizes the challenge of balancing FEMA’s strict compliance demands with the hardships faced by affected businesses and the Fort Myers Beach community. “The Town’s actions are driven by its commitment to protecting residents’ interests while adhering to federal requirements to maintain participation in the NFIP. By following FEMA’s directives, the Town aims to ensure that residents retain access to affordable flood insurance and critical federal disaster assistance, which safeguard both individual property owners and the community at large.”
We reached out to Smith’s attorney and asked if she planned to appeal or remove the trailers. We have not heard back. As of Thursday, the trailers were still on the property renting bikes.
After allowing these trailers by changing their rules, in addition to other issues FEMA had with the town’s post-Ian recovery, FEMA took away the town’s 25% discount in the National Flood Insurance Program. The town is now on probation for 2 years and hopes to get everyone into compliance and get the discount back as soon as possible.
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So if all these trailers have to be removed, then why is there any discussion about the food court that was proposed recently at 2500 Estero. No to them.
Fmb has turned into an absolute sh*thole ran by a bunch of clueless pathetic idiots. I spent my entire life on fmb and now you couldn’t give me a million dollar property to move back. Absolutely f*ucking pathetic
Our comments that support the businesses that were here pre-Ian fall upon deaf ears, officials that have shown support in the past has been nothing but lip service. The one business that should be allowed is La Ola simply because they offer tourist and residence something none of the others do.
Times Square is going to be even uglier without them.
I understand that the town cannot make an exception, but them and FEMA should take a long hard look at what this will do, not only to the business, but at the loss of municipal taxes and leaving a big ugly void behind once they’re gone.
Again, my comment will make ZERO difference
It is a shame but my insurance is through the roof and now even more. Two years is quite of bit of money we lost. It is a pain but I am sure they can put up tents in the meantime and still rent the bikes. Something is better than nothing. It is a double edge sword.
And yet……Cross over the bridge to San Carlos Island and beyond where Lee County is in control, almost anything goes. Trailers, storage containers, junk piles, decrepit RV’s, properties in disrepair, abandoned vehicles, etc. What, no Fema violations? Why the double standards? Inexplicable.
Before Hurricane Ian trailers were not permitted on Fort Myers Beach “ as a structure to operate a business “.
We had a large trailer park, before Ian, but not for business purpose.
The town told you it wanted to help a few business people at Times Square keep their restaurants going after Ian.
I would argue their first responsibility was protecting those 5000 constituents’ flood insurance and the town’s inclusion in that program.
Instead, the town chose a no win showdown with the flood program over Times Square, the spot FEMA singled out as badly in violation of the program requirements to be federally insured.
What’s scary now is how close all those residents are to losing that insurance altogether. The town doesn’t seem to want you thinking about that. Mayor Dan would rather have you focused on hayrides up and down the shoreline.
I find this hilarious they are going through this process but yet the town cannot lead by example by having there own trailers still on the island. It’s hypocracy at its finest
The 25% and being in the clean up program is what matters. All of these need to go immediately including the cities temporary town hall. If these businesses and the city truly care for the good of FMB they will get them gone so we can get in compliance.
FMB fights to stop new beautiful building to be built but conex boxes are ok. FMB strong is laughable. Life long resident and I feel this is an embarrassment.
One of the temporary trailers was removed Wednesday January 15, 2025 and the second trailer is scheduled to be removed soon.